WASHINGTON, DC - The U.S. Senate Committee on Commerce, Science, and Transportation today approved by unanimous consent the “Junk Fax Prevention Act of 2005” (S. 714) introduced by Senator Gordon Smith (R-Ore.) and co-sponsored by Senators Daniel Inouye (D-Hawaii), Ted Stevens (R-Alaska), Olympia Snowe (R-Maine), Byron Dorgan (D-N.D.), John Sununu (R-N.H.), Conrad Burns (R-Mont.), and Frank Lautenberg (D-N.J.). The bill approved today:

• Establishes an exception to the general prohibition against the sending of unsolicited faxes without express consent for parties with an “established business relationship.”
• Establishes a requirement that persons sending unsolicited faxes pursuant to an “established business relationship” also provide consumers with a cost-free mechanism to opt-out of further faxes, and that notice of this mechanism be provided on each such fax in a clear and conspicuous manner.
• Permits the FCC to limit the duration of an “established relationship” consistent with reasonable consumer expectations and appropriate justification by the FCC.
• Requires the FCC to report annually regarding enforcement actions taken against senders of unsolicited fax advertisements.
• Requires the GAO to conduct a study analyzing enforcement actions conducted by the FCC and suggest whether any additional enforcement measures may be warranted.

The Committee unanimously accepted 2 amendments by Sen. Barbara Boxer (D-Calif.). The first amendment required that consumers be permitted to “opt-out” of receiving further faxes by contacting the sender at any time during the day. Previously, the bill had limited the "opt-out" requirement to regular business hours. The second amendment stipulated that the FCC can commence a proceeding to limit the duration of an “established business relationship” 3 months after enactment as opposed to the 18-month timeframe established in the bill. The bill now proceeds to the full Senate for its consideration. ###